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Declaring of Rental Income

26 August 2020

The ownership of a particular property is on "A" as per partition deed between"A" and "B”.

But , the tenant deducts TDS in the PAN of "B" as it is let out property & it appeared in the 26AS of "B".

While filing ITR, the rental income of that property should be declared in whose ITR - "A" or "B" ?

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4 Replies

CA Raj Doshi (Practising CA) (8924 Points)
Replied 26 August 2020

Whatever is correct, do that. If it should come in PAN of A, ask tenant to revise the TDS return and update PAN of A and consequently offer income in A.

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geo jojan (31 Points)
Replied 26 August 2020

The tenant is a nationalised bank & it's not easy to get the PAN updated soon ....... Party "A" has given the request to the bank & it's under process.

Now inorder to file ITR of FY 19-20 , if we declare the income with "A" and file the return , will any issue occur? I have the deed to prove that the property is owned by "A"

G Sharath Kumar (56 Points)
Replied 27 August 2020

As per my knowledge:

you can't claim tds. if you file income A?

updating tds details is only solution.

with Raj C Doshi's suggestion.

Manzil Arora (Others) (1012 Points)
Replied 27 August 2020

Hi
To claim TDS, amount must reflect in 26AS and if that does not happens then taxpayer cannot claim the same. However, there are case when deductor files wrong amount or wrong PAN against the payment which he later revise in TDS returns.

If you think deductor can revise the return with correct PAN then you can claim your TDS else it's better to file Income tax return without claiming TDS.